Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 90SS

General powers

  (1)   The court, in exercising its powers under this Division, may do any or all of the following:

  (a)   order payment of a lump sum, whether in one amount or by instalments;

  (b)   order payment of a weekly, monthly, yearly or other periodic sum;

  (c)   order that a specified transfer or settlement of property be made by way of maintenance for a party to a   de   facto   relationship;

  (d)   order that payment of any sum ordered to be paid be wholly or partly secured in such manner as the court directs;

  (e)   order that any necessary deed or instrument be executed and that such documents of title be produced or such other things be done as are necessary to enable an order to be carried out effectively or to provide security for the due performance of an order;

  (f)   appoint or remove trustees;

  (g)   order that payments be made direct to a party to the   de   facto   relationship, to a trustee to be appointed or into court or to a public authority for the benefit of a party to the   de   facto   relationship;

  (h)   make a permanent order, an order pending the disposal of proceedings or an order for a fixed term or for a life or during joint lives or until further order;

  (i)   impose terms and conditions;

  (j)   make an order by consent;

  (k)   make any other order, or grant any other injunction, (whether or not of the same nature as those mentioned in the preceding paragraphs of this section) which it thinks it is necessary to make to do justice;

  (l)   subject to this Act and the applicable Rules of Court, make an order under this Division at any time before or after the making of a decree under another provision of this Act.

Note:   The court also has specific powers in relation to third parties (see Division   3 of Part   VIIIAA (as that Division has effect because of section   90TA)).

Limitation for orders or injunctions covered by section   90AF

  (2)   Subsection   (1) has effect subject to subsection   90AF(3) (as that subsection has effect because of section   90TA).

Note:   An order or injunction made or granted under subsection   (1) that is of a kind covered by subsection   90AF(1) or (2) can only be made or granted in accordance with subsection   90AF(3).

Maintenance orders

  (3)   The making of an order of a kind referred to in paragraph   (1)(c), or of any other order under this Division, in relation to the maintenance of a party to a   de   facto   relationship does not prevent a court from making a subsequent order in relation to the maintenance of the party.

  (4)   The applicable Rules of Court may make provision with respect to the making of orders under this Division in relation to the maintenance of parties to   de   facto   relationships (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of maintenance payable under them.

Injunctions

  (5)   Without limiting paragraph   (1)(k), the court may:

  (a)   grant:

  (i)   an interlocutory injunction; or

  (ii)   an injunction in aid of the enforcement of a decree;

    in any case in which it appears to the court to be just or convenient to do so; and

  (b)   grant an injunction either unconditionally or upon such terms and conditions as the court considers appropriate.

Bankruptcy and insolvency

  (6)   If a bankruptcy trustee is a party to a proceeding before the court, the court may make an order under paragraph   (1)(e) directed to the bankrupt.

  (7)   If the trustee of a personal insolvency agreement is a party to a proceeding before the court, the court may make an order under paragraph   (1)(e) directed to the debtor subject to the agreement.

  (8)   Subsections   (6) and (7) do not limit paragraph   (1)(e).

  (9)   If a party to a   de   facto   relationship is a bankrupt, a court may, on the application of the other party to the   de   facto   relationship, by interlocutory order, grant an injunction under subsection   (1) restraining the bankruptcy trustee from declaring and distributing dividends amongst the bankrupt's creditors.

  (10)   If a party to a   de   facto   relationship is a debtor subject to a personal insolvency agreement, a court may, on the application of the other party to the   de   facto   relationship, by interlocutory order, grant an injunction under subsection   (1) restraining the trustee of the agreement from disposing of (whether by sale, gift or otherwise) property subject to the agreement.

  (11)   Subsections   (9) and (10) do not limit subsections   (1) and (5).